Res 23-06
RESOLUTION NO. 23-06
A RESOLUTION OF THE CITI COMMISSION OF THE CITI
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITI
TO RELEASE ANY RESERVATION THAT IT HAS IN THE
REAL PROPERTI LOCATED IN THE VICINITI OF THE
INTERSECTION OF AlLANTIC AVENUE AND A-l-A AS
MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Dekay Beach, Florida, transferred to Boston's Restaurant the North
5.0 feet of the South 56.0 feet of Lot 17 and the North 5.0 feet of the South 56.0 feet of the East %
of Lot 18, all in Block 1, Ocean Park, Dekay Beach, Florida, for parking purposes on April 5, 2004;
and
WHEREAS, the deed transferring the property to Boston's made reference that the transfer
was subject to reservations; and
WHEREAS, Boston's has requested that the City remove the language regarding
reservations from the deed by way of issuing a Quit Claim Deed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Dekay Beach, Florida, hereby agrees to
release any reservation that it has to the property listed below:
The north 5.0 ft. of the South 56.0 ft. of Lot 17 and the North 5.0 ft.
of the South 56.0 ft. of the East Half (E %) of Lot 18, all in Block 1,
Ocean Park, Dekay Beach, Palm Beach County, Florida, according to
the plat thereof as recorded in Plat Book 5, Page 15, of the public
records of Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on the \\..., ~y of
~
~ltA
YOR '--
2006.
ATTEST:
~, ~.~.~~~
City Clerk
01/\
z>>1
[ITY DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE
200 NW l,t AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: 561/2-+3.70<)0' FACSl'vl1LE: 561/278-4755
DELRA Y BEACH
F lOR IDA
--..:II
AII.America City
Writer's Direct Line: 561/243-7091
" III! DATE:
MEMORANDUM
April 27, 2006
1993
2001 TO:
FROM:
City Commission
David Harden, City Manager
t1--~
Brian Shutt, Assistant City Attorney
SUBJECT: Release of Reservation in Property
In 1986 the Commission agreed to swap a sliver of property (225 sq. ft.) located
near the corner of A-1-A and Atlantic Avenue, in the Boston's parking, for a sliver
of property owned by Boston's that was adjacent to the City owned property at this
corner. The properties were exchanged and the City issued a warranty deed to
the property owner. The warranty deed contained our general language that the
deed was issued subject to reservations, easements and other restrictions of
record. The property owner has requested the removal of the reservations as it is
unable to obtain a title policy on the property. I have checked with the City
Engineer and Planning & Zoning and they do not have an objection to this request
as the City has no interest in this property.
By execution of the attached Quit-Claim deed the City will release any reservation
that it has in the property.
Our office requests that this item be placed on the May 16, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
\OD
RESOLUTION NO. 23-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO RELEASE
ANY RESERVATION THAT IT HAS IN THE REAL PROPERTY
LOCATED IN THE VICINITY OF THE INTERSECTION OF ATLANTIC
AVENUE AND A-I-A AS MORE PARTICULARLY DESCRIBED
HEREIN.
WHEREAS, the City of Delray Beach, Florida, transferred to Boston's Restaurant the North 5.0 feet
of the South 56.0 feet of Lot 17 and the North 5.0 feet of the South 56.0 feet of the East yz of Lot 18, all in
Block 1, Ocean Park, Delray Beach, Florida, for parking purposes on April 5, 2004; and
WHEREAS, the deed transferring the property to Boston's made reference that the transfer was
subject to reservations; and
WHEREAS, Boston's has requested that the City remove the language regarding reservations from
the deed by way of issuing a Quit Claim Deed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby agrees to release
any reservation that it has to the property listed below:
The north 5.0 ft. of the South 56.0 ft. of Lot 17 and the North 5.0 ft. of the
South 56.0 ft. of the East Half (E yz) of Lot 18, all in Block 1, Ocean Park,
Delray Beach, Palm Beach County, Florida, according to the plat thereof as
recorded in Plat Book 5, Page 15, of the public records of Palm Beach
County, Florida.
PASSED AND ADOPTED in regular session on the _ day of , 2006.
ATTEST: MA YOR
City Clerk
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of , 200_ by CITY OF
DELRAY BEACH, a Florida municipal corporation, and having its principal place of business at 100 N.W.
1st Avenue, Delray Beach, Florida 33444, First Party, to: , with an address of
, Second Party:
(Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context
so admits or requires.)
WITNESSETH, that the said First Party, does hereby remise, release and quit-claim unto the said
Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the
following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of
Florida, to-wit:
See Exhibit "A"
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto
belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of
the said First party, either in law or equity, to the only proper use, benefit and behalf of the said Second Party
forever.
IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year
first above written.
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
By:
(print or type name)
Jeff Perlman, Mayor
ATTEST:
(print or type name)
Witnesses as to City Clerk and Mayor
By:
City Clerk
Approved as to form:
By:
City Attorney
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 200_,
by Jeff Perlman, as Mayor, of the City of Delray Beach, a Florida municipal corporation, on behalf of the
corporation. He/She is personally known to me.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
EXHIBIT" A"
The North 5.0 feet of the South 56.0 feet of Lot 17
and the North 5.0 feet of the South 56.0 feet of the
East % 0 Lot 18, all in Block 1, Ocean Park, Delray
Beach, Palm Beach County, Florida, according to the
map or plat thereof as recorded in Plat Book 5, Page
15 of the Public Records of Palm Beach County,
Florida.